‘It is difficult to tackle consensual bribery and bribe supplier goes scot-free’
Prime Minister Manmohan Singh on Wednesday said the government was mulling over incorporating provisions in the Prevention of Corruption Act to penalise bribe-givers as well, besides giving the law more teeth to tackle corporates indulging in corrupt practices.
The amended law would give honest public servants more protection, he said, addressing the 19th Conference of the CBI and State Anti-Corruption Bureaux here.
“We are considering amendments to the Act not only in view of the judicial rulings on its provisions but also with the purpose of filling certain gaps in the legislation and bringing it in line with the current international practice.”
Elaborating, the Prime Minister said: “A clear and unambiguous definition of the term ‘corruption’, covering both supply and demand sides, is being sought to be provided. Experience has shown that in a vast majority of cases, it is difficult to tackle consensual bribery and the supplier of the bribe goes scot-free by taking recourse to the provisions of the Act. This would be taken care of in the proposed amendments.”
Pointing out that big-ticket corruption was mostly related to operations by large commercial entities, he said: “It is, therefore, also proposed to include corporate failure to prevent bribery as a new offence on the supply-side. We are also examining how the Act can be amended to protect honest public servants more effectively.”
The Prime Minister, however, cautioned that a “mindless atmosphere of negativity and pessimism” over the issue of corruption was damaging the nation’s image and affecting the morale of the executive. “We need to ensure that even while the corrupt are relentlessly pursued and brought to book, the innocent are not harassed. The importance of making a distinction between bona fide mistakes and a colourable exercise of power in investigation of corruption cases cannot be overemphasised.”
Referring to challenges faced by law enforcement agencies, Dr. Singh said newer modi operandi were being adopted for corrupt activities as faster economic growth over the last two decades had led to newer opportunities for corruption.
“Different sectors of economy follow development models that are increasingly becoming more and more sophisticated. Therefore, in many cases, it would be difficult for the investigating agencies to reach the right conclusions without a firm grasp of the complexities involved in the formulation and implementation of economic policy… I would urge the CBI and other anti-corruption agencies to feel free to engage professionals who have the expertise which can assist them in conducting an impartial enquiry in complex cases.”
Keywords: Manmohan Singh, Prevention of Corruption Act
Careful choice of words Mr. Prime Minister, isn't it. Most givers, give because they are forced to give. Other's give to facilitate events or for well being of long term mutually benefecial relationships. Please be cognizant of the variable situations surrounding the giver while enacting and executing such a law.
For an economist MMS' views on corruption appear remarkably naive.
Knowing that he is an intelligent man, we have to conclude that this
diatribe is aimed at shifting responsibility for corruption, obfuscate
the debate, etc etc. He is merely diverting attention. It is clear
that the basis for corruption is absolute control over scarce
resources and the discretion to allot those resources. Corruption
flourishes in India because the government has a hold on most
resources and its officials also have leeway to allot them. The way
forward is: make the rules clear; take away the bureaucratic
discretion and have punitive laws against corruption. The penalty must
be confiscatory both for the giver as well as the taker. Unless we
eliminate or at least reduce opportunities for corruption, we cannot
control it. Making the resources less scarce will also help - as in
telephone connections. Merely diverting attention and placing the onus
on the giver will not.
The prime minister should know that he stands as a protector of the
sanctity of "Satyamev Jayate".. In the course of disclosure of truth, if
there is damage to someone's image that should not concern him... Even
if the entire nation suffers for a while, in the long run we will come
out stronger if truth is on our side..
The Amendment is as folows:
1] The one who brings out openly the corruptive acts of political
leaders wil be hanged in public.
2] The ones who ask for punishment for those corruptive leaders will
be sent to gaol for lifetime.
3] The media that exposes corruption will be banned forever.
4] The poor peasants, common man, ordinary citizen etc, if frowns to
hear corruption of big political bosses will be asked to pay more
taxes.
LONG LIVE BHARAT!
The present Govt. will bring legislation and amendment to all the Laws in such a way that always the Corrupt are made to escape using some loophole or other! The Courts will not decide so quickly to punish the receiver of bribe as also the giver. Are we not seeing cases like 2G,Mining, Coalgate,Granite scam etc., every day?
Why all these, take the clear-cut case of Kasab who enjoyed so much in jail and sends a mercy petition to the Govt. and is still alive! Unless and until the Govt., acts with stern action in all fronts, our country is not going to survive. I pity MMS and the Congress.
I guess its high time that Mr PM should step down. I had lot confidence
even when he wants Nuclear plants to be coming up. But with retail FDI
and Insurance FDI hike, its now time to go and rollback.Anything too
much is too bad. Very soon the thesaurus for corruption will be
CONGRESS.
@ Seshadri.. I completely agree with you. I would like to provide a comprehensive range of swindling of money and its rationale given by the ruling government.
Rs 1 to 1000 : These people are caught and tried
Thousands to Crores : Politicians: "Its Party fund"[ BJP and Tehelka]
"Donations", "Election Expenditure"
Crores and multi crores: Business men: "Business deals[Maran and co], conducive environment to invest[ conversion of black into white ], Company balance sheet is proper [ Previous Satyam computers ], "Establishment and registration charges of the company" [ Justification of paying party donations and individual bribes by company which needs to start operation ].
Multi crores to lakhs of crores: "Zero loss actually"[Kapil Sibal on 2G], "Policy decision of the government"[ A Raja and Government of India], "Buying license and selling diluted shares" [ 2G: Joint Venture ],
We have cash based accounting system and not activity based.
MMS knows the ins and outs so well having put in decades of service.
simple things like legal heir certificate does not come without greasing.no one is eternal. the certificate is indispensable. an assured income for the hard working staff.
letters and details come to light only in a greased scenario.
perhaps the amendment requires blinding to grease.if one can grease to even alter the birth certificate the rulers have to still practise the do re mi of ruling the country.
let the rulers amend themselves before they touch the law.
According to Oxford Dictionary " people with authority or power,
willing to act dishonestly or illegally in return for money or
personal gain" deserve to be called corrupt. One would agree with the
PM that due to steep fall in moral and ethical standards in public
life and loud noises of defending the indefensible made by glib
tongues, at least in the Indian context, there is an urgent need to
redefine corruption in an unambiguous and clear manner, so as to
include "dishonest, illegal, immoral and unethical acts of people with
authority or power or their proxies, subordinates, blood relatives and
covering all in a relationship established between two families due to
marriages or any one who is a party to these acts." Hopefully, those
who might be drafted for redefining and expanding the scope and
meaning of the word 'corruption' will find this input a bit useful in
their onerous task.
It is quite unfortunate that after failing to put leash on the demand
side of corruption, the Govt if thinking of focusing on the supply
side of it.
It can only have the unfortunate outcome of harassment of the public
who has to give bribes in many cases based on demand. It is primitive
to observe that in smaller cases (such as that of service delivery
like ration card, passport etc) corruption is mostly originating on
the demand side and officials are asking for demands from the public.
The government must not forget to continue to tighten the noose around
the officials who start the circle of corruption by asking for
bribes/favours.
Hope sense prevails with our man.
Sir,
I fully agree with the proposed amendment, to catch the bribe giver also. This will go a long way in curbing corruption. If the bribe giver also faces the possibility of landing in prison, he will think several times before offering a bribe. BUT, I fully disagree with the PM's reference to the honest executive. Where is the honest man in Government service ? A miniscule 1% of the executive is honest and above corruption, but a whopping 99% are wallowing in the cesspool of corruption. The PM can ask any of his family members, without disclosing identity, to get any job done at any Govt office. That will reveal the harsh truth to him.
Its really disappointing with responses like these. Sadly, Our politicians being example to other nations, of raising bar for corruption level from thousands to lakhs to crores of poor public money. and still our PM do not accept to understand what's Corruption is!. Come on Sir!. we as people respect you and expect from you, is not to cover up the mess done by your government people.we know ,every government has authorities who are corrupted. But from you, is to take the tough decisions that needs to be taken when needed and make them do their jobs ethically in right way.
Mr. Prime minister you don't have to redefine the term Corruption.
It is already defined and it goes like this.
corruption - lack of integrity or honesty (especially susceptibility to bribery); use of a position of trust for dishonest gain.
Please don't put the blame on executives. Please with due respect take the blame on yourself for being so ineffective when nation wanted stringent action from you.
“Mindless atmosphere of negativity and pessimism”-exemplifies the adage ‘while Rome was burning Nero was fiddling. Corruption has driven the whole economy to the edge of a precipice. Mr. Manmohan Singh, being the Prime Minister of the country ought to have been more alarmed than others instead of underplaying it by condemning the righteous indignation of well-meant critics whose number, of late, exponenentially increased keeping pace with the wild growth of ubiquitous corruption which is making the life, especially of the poor miserable. If the legislative reforms he proposes to bring about are marked to be merely confined to enlarging the definition of corruption with the avowed object of bringing the bribe-giver under the dragnet of culpability, it is apt to make the whole Act counterproductive as except in big ticket corruption, the bribe-givers in most cases better answer the description of victims than abettors or accessories to the crime of graft.
Good move.. But doesn't this indirectly mean that Congress is agreeing the so called "Lokpal" bill that was passed by them isn't effective?. I would clap for Kejriwal team for this
it is shocking that a person in the centre of coruption stage is talking about honesty and reducing it.
It is not good for the nation to have a such useless PM who deceives the people on corruption. Leading and encouraging corruption implies corruptionist. He talks like a kid. Why he can't show his courage to act on corruption rather than sellling India for FDI? Let him give the figures by how much he reduced the corruption in probable figures. Let him give how many corruptionists are trailed and jailed in his duration as PM. Lets talk in figures not abstract. Just living for PM post not for the people of India.
Let us accept that in all parties there are corrupt people and no one can claim that this or that party is better on this count. Amendment to the Prevention of Corruption Ant is a good opportunity for us the citizens to write to the PM about very ingenious ways of our elected representatives to earn that ‘extra income’. The ways very clever but they still create ‘mindless atmosphere of negativity and pessimism’. But any effort to curb corruption is welcome.
Anti Corruption Law..... must be joking..... They are thinking to
protect "honest public servants" but why can't they think of protecting
"honest public".... the tax payers are still getting bump of
corruption.... Lets take an example Gas Cyliner allotted to single
family is 6..... What about people using piped gas they will never get
these 6 cyliders....
please Mr. PM change your drafter who drafts speeches for you. First
you do not what is going on in your own cabinet not a single Minister is
above board on corruption charges. Secondly in earlier address to
nation you told "Paisa Paid Per Nahi Lagta" Money does not grows on tree
and now “mindless atmosphere of negativity and pessimism” .
“mindless atmosphere of negativity and pessimism”. Then why the govt. is
not recovering the money from the persons who gained it by the various
means of corruption, instead of levying various taxes to the common man.
Do they forget the Name of Corrupt from Last 4 Years. Our P.M. can Say
Everything but Can't do any thing.... Our Helpless P.M.(Manmohan Singh)
Swift corrective actions would have created optimism and
positivity. It is inappropriate of PM not to say such things.
One can wonder how this came just after the day Kejriwal highlighted
Vadra case while pointing to the Section 9 of the same act. Perhaps
there was no misuse of act before or one can say proper use of the act.
Mr.PM's new definition of corruption - anyone caught swindling: > Rs 100 crore - "not corrupt,but business person". Between Rs 1 - Rs 1000 - these poor chors are the most corrupt person - govt. will be very strict - fit to be thrown in jail;
With use of such words,PM is trying to defy the allegations of the activists.Instead of showing such grace towards the accused the PM should order a probe and set an example to be the real administrator.
Can anyone do more damage to India's image than this powerless Prime Minsiter?
Prevention of corruption act to be amended to provide immunitiy to politicians!!Probably every MP will support the amendment!!
Sir, let us wait until next election! The present Congress Leaders cannot frame any policy to prevent corruption. If you can do any better for the nation, take severe action against the corruptions already committed. Once we are clear, then we can think of prevention.
Our PM is more bothered about the nation's image while he doesn't care what's going on in his own party's backyard. Does he mean that corruption is okay but please don't demonstrate against it so that the nations image is safe?
What a PM we have...
"planning to bring an anti-corruption law in line with international standards"...My goodness... What a joke... With so many party stalwarts coming out in open defending corrupt practices...Congress is really taking us for a ride.
Corruption is a ghost having many faces. Present Prevention of Corruption Act lacks comprehensive definition of corruption. The Act is susceptible of both use and misuse. It needs review
I'm quite disappointed with Mr.Manmohan's remarks. Earlier he used to remain quiet but now that he speaks, his words do not make sense to me. Regarding corruption, re-definition of the word is not required, just force ministers to reveal their Swiss Bank account details and they won't be able to explain a single bit.
Good move, but too little too late, it seems! Law in the books don't always change anything
much, unless it is applied without fear or favor in the real world! Would that happen when the
whole sytem seems so tainted to the hilt?!! Time will tell! Voters need to keep a close watch!
It is high time the Government did it. Amendments should be brought to make the giver (of bribe) also liable for prosecution. Also the giver goes scot free in the so called "trap" cases on the basis of present legal fiction in the PC Act that if acceptance/receipt is proved, then the demand is deemed to be proved and there is no need for separate proof for demand. In the case of honest government servants such cases of "traps" and conviction is unjustified and untenable. The PC Act has to be amended specifically to provide for the proof of demand on the part of the government servant in such trap cases. I have come across cases of honest government servants being convicted on the basis of trap without proof of demand on their part.
What a joke! If any of these scams would have happened in any developed nation, the constitution would have changed to safeguard "Mango People". May I ask you Mr. Prime minister - which one is mindless - CWG, 2G, Coal-G or Jija Ji? The only "mindless" person here is YOU who have never won any election (thus have no accountability) towards mangoes. You are a shame on name of Sikhs!! I am sure that you are silent since the Gandhi's also know your secrets. Let the truth prevails. Satyameva Jayate.
we had never witnessed such a chain of scams under any PM since India got independence.A PM who is attached to his chair and allows every one to loot the country and does nothing but gives slogans such as reform-liberalisation-silence when corruption is blooming is the most corrupt man .Vedas express corruption in three ways in life in order of merit as: KAMINI-KANCHAN-KIRTI.If one analyses from this angle it is evident, that when most of his ministers and bosses are busy with LOOTING KANCHAN of country,our beloved PM is busy looting KIRTI with lust for power and kirti.This is worst form of corruption as Ravana was equally learned and so is our PM.MAY GOD SAVE THIS COUNTRY WHEN THE RULING PARTY FEELS THAT THEY HAVE THE RIGHT TO RULE AND PLEASE CONGRESS PRESIDENT(forget janta and country).Result we see every day in their reply and actions.WE ARE IN THIS FINACIAL MESS BECAUSE OF LOOT IN THE NAME OF REFORM-LIBERALISATION-MODERNISATION OF INDIAN MIND SET WITH CORRUPT VALUES.Introspection!!
amendment is like this
"Nobody related to Gandhi family can be probed in any scam"
Dr. Singh will be doing a great service to the nation, if he amends the law to book the bribe giver also. Once the bribe giver knows that he too can land in jail, he will think many times before resorting to bribery. I hope the PM would not let "lobbies" put spokes on the way and stall this very essential amendment to anti corruption law.
So, for MMS, raising voice against corruption by his colleagues is mindless. Perhaps, MMS did not have a clear and unambiguous definition for the term ’corruption’ when Raja, Kalmadi, and his coal colleagues were raking in mota maal. You know what to expect from such a person.
If he has any conscience, MMS should act strongly against his corrupt colleagues than blabber mindlessly.
“mindless atmosphere of negativity and pessimism” . With so many skeletons coming out of this governments closet, what else does Mr. PM expect? I am amazed at the choice of his words!
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